Changing the Terms of a Florida Revocable Trust After The Creator Dies

Uncategorized • Nov 5, 2018

Many times, Pankauski Hauser gets calls from family members and beneficiaries outside of Florida regarding trust matters in Florida. Did you know that, in limited circumstances, you can change a Florida trust after the creator dies? This is sometimes known as trust modification or trust reformation. Palm Beach probate litigators frequently handle reformation cases in Florida probate courts. When can a trust be reformed? What if the trust is irrevocable? What can an Orlando or Palm Beach trust and estates lawyer tell me about trust modifications? To learn how to change the terms of a Florida trust, even when the trust says it is not changeable or irrevocable, read Florida Trust Code, section 736.0415. Also, contact an experienced West Palm Beach lawyer who actually handles trust reformation modifications, trials, and appeals.

736.0415 Reformation to correct mistakes.—

Upon application of a settlor or any interested person, the court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intent if it is proved by clear and convincing evidence that both the accomplishment of the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. In determining the settlor’s original intent, the court may consider evidence relevant to the settlor’s intent even though the evidence contradicts an apparent plain meaning of the trust instrument.